When a veteran files for disability benefits from the VA, it can take some time to complete. The VA processes a tremendous volume of cases, and there are many steps to the process, so you should start as soon as possible. By filing an “intent to file” (VA Form 21-0966 or call them directly) you initiate the process with very little effort on your part, and you have a full year to actually file your claim.  Submitting an intent to file is valuable because, in most situations, it sets the effective date for retroactive pay. It is a misconception that the VA will give a veteran back pay to t ..read more

The good news is that not every veteran who files for disability benefits needs to have a Compensation and Pension (C&P) exam. When you initially submit your claim, you will need to include a current diagnosis from a competent medical expert, evidence of a service connection, and a “nexus statement” tying your disability to your service – usually a part of your medical expert’s report. Evidence may also include hospital records, test results, and buddy statements.  If the evidence is sufficient and strongly supports a service-related connection, you could receive a rating without a C ..read more

When a service member sustains injuries while on active duty and is judged by a physician that he or she does not meet retention standards, the injured service member is referred to the Medical Evaluation Board (MEB), thus triggering the Integrated Disability Evaluation System (IDES). The purpose of IDES is to help injured veterans receive disability benefits more quickly by streamlining the process, allowing the DoD Disability and VA Disability programs to process simultaneously. However, the process contains multiple steps and can still be confusing.  The IDES process If you are referre ..read more

The VA is required to consider all relevant information that supports your VA disability claim. This includes eyewitness accounts of the cause of your disability and/or its effects on you. The Statement in Support of Claim, also referred to as a “buddy letter” or “lay evidence,” can provide powerful evidence supporting your case.  These personal statements can come from someone who served with you and witnessed the event, or from family and friends who are able to describe how the event has affected you.  Military buddy statements are particularly powerful if the person is able to gi ..read more

Acid reflux, more formally known as gastroesophageal reflux disease (GERD), is a common condition in which the muscle at the top of the stomach does not operate properly, allowing stomach acids and partially-digested food to enter the esophagus.  The stomach has a thick lining designed to withstand the acids used to break down foods, but the esophagus, which is the tube that takes your food from your mouth to your stomach, has no such lining. If you have acid reflux, you are probably experiencing some or all of the following symptoms: Burning in the chest or throat (heartburn) The post ..read more

Can you receive VA benefits if you are experiencing delayed PTSD? Yes, but it may be a challenge to prove. You may need the help of an experienced veterans’ attorney to build your case.  In recent years, the VA has become more responsive to the growing evidence of what is called “delayed onset of PTSD,” defined as onset occurring at least six months after the traumatic event. However, it is not uncommon for veterans, especially combat veterans, to develop clear PTSD symptoms later in life, sometimes decades after the in-service stressors.  PTSD onset in older veterans The post Delaye ..read more

There is an automatic 50% rating for PTSD – but it’s not for everyone, and it’s not permanent. Policy 38 CFR 4.129 states: “When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran’s release from active military service, the rating agency shall assign an evaluation of not less than 50% and schedule an examination within the six-month period following the veteran’s discharge to determine whether a change in evaluation is warranted” (Authority: 38 U.S.C. 1155). Simply stated, if you are discharged from duty, specifically ..read more

Filing with the VA for veterans’ disability benefits is usually a time-consuming process. Sometimes years can go by from the time of initial filing to when your case is settled. It may include requests for additional information, denial of benefits, appeals, and another review before you are granted a disability rating. Because the process can be quite cumbersome, time-consuming, and stressful, especially for a person struggling with a disability, veterans get the best and fastest resolution of their claims with the help of an experienced VA attorney. Once you’re granted disability, you will b ..read more

The surviving spouse of a service member who dies in the line of duty or who died from a service-related injury or illness may be able to receive VA Dependency and Indemnity Compensation (VA DIC). Those who are at or below a certain income and net worth limit may also be eligible for the VA Survivors Pension.  However, the VA does not permit attorneys, financial planners, or any other person to charge a fee for any services provided in helping a military widow apply for compensation. The VA warns survivors of veterans to avoid organizations that misrepresent themselves in order to provide ..read more

The Veterans Administration (VA) allows veterans to hire an attorney to help them with their disability claims only after an initial claim has been denied, or after the VA has offered a benefits award that the veteran does not believe is sufficient. So whether you have been denied or you have received an award that you feel is too low, you are permitted to reach out to a lawyer for help.  Why Should You Hire an Attorney to Help You With Your Disability Appeal? If you are already fully versed in legal affairs, as I was when I appealed my own disability award, you may not need help from a l ..read more